RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 March 2004
         DOCKET NUMBER: AR2003090522


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Paul Wright		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Robert L. Duecaster		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that the date of his Federal Recognition be corrected to show he was granted Federal Recognition on 31 January 2002.

2. The applicant states he was appointed as a Warrant Officer One (WO1) in the New York Army National Guard (NYARNG) on 31 January 2002, the date that he graduated from Warrant Officer Candidate School and granted temporary Federal Recognition. The applicant further contends that due to administrative oversight, his permanent Federal Recognition was not granted and that a subsequent Federal Recognition Board (FRB) was convened on 27 March 2003.

3. The applicant provides a cover memorandum from the Director, Military Personnel, NYARNG dated 1 May 2003; a memorandum from the Command Chief Warrant Officer, NYARNG dated 10 April 2003; National Guard Bureau Recognition Orders Number 95 AR, dated 11 April 2003; a copy of the Proceedings of a Federal Recognition Examining Board dated 27 March 2003; a copy of Orders 099-1009, NYARNG, appointing the applicant as WO1 effective 27 March 2003; a copy of a diploma dated 31 January 2002 showing the applicant's graduation from Warrant Officer Candidate School; a copy of the applicant's original Oath of Office dated 31 January 2002; a copy of the Proceedings of a Federal Recognition Examining Board dated 15 October 2001; a copy of Orders 354-024, NYARNG, appointing the applicant as WO1 effective 31 January 2002; a copy of the applicant's request for Federal Recognition dated 1 August 2001; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 November 1999; a copy of his Discharge Orders dated 20 December 2001; and a copy of a Security Verification Statement dated 21 May 2001.

CONSIDERATION OF EVIDENCE:

1. The applicant completed a period of enlisted service in the NYARNG. He served in an enlisted status until he was commissioned as a WO1 on 31 January 2002.

2. The applicant's records contain a course completion certificate from the Warrant Officer Candidate School, dated 31 January 2002, which shows that he successfully completed the requirements of the Warrant Officer Candidate School.

3. NYARNG Orders 354-024, dated 20 December 2001, appointed the applicant in the NYARNG as a WO1 effective 31 January 2002.

4. On 31 January 2002, the applicant executed an Oath of Office as a WO1 in the NYARNG and was granted temporary Federal Recognition.

5. There is no evidence that the National Guard Bureau (NGB) awarded the applicant permanent Federal Recognition effective 31 January 2002 based on the results of a NYARNG Federal Recognition Board.

6. The applicant's records show that the applicant completed the Aviation Warrant Officer Basic Course on 31 January 2002.

7. NYARNG Orders 099-1009, dated 9 April 2003, appointed the applicant in the NYARNG as a WO1 effective 27 March 2003.

8. On 27 March 2003, a Federal Recognition Board was held by the NYARNG to determine if the applicant was qualified to be awarded Federal Recognition. The proceeding indicated that the applicant met all physical, moral character and general qualifications required for Federal Recognition.

9. National Guard Bureau Federal Recognition Orders Number 95 AR, dated
11 April 2003, awarded the applicant permanent Federal Recognition for initial appointment to the grade of WO1 effective 27 March 2003.

10. National Guard Regulation 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition. Paragraph 2-2 states that the appointment of warrant officers is a function of the state concerned. These appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation. Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve warrant officers of the Army with assignment to the Army National Guard of the United States if they have not already accepted such appointment.

11. NGR 600-101, paragraph 2-4b states that the effective date of Federal Recognition for original appointment is that date on which the warrant officer executes the oath of office in the State. Paragraph 2-3 states that temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status.

12. NGR 600-101 paragraph 2-3 states that temporary Federal Recognition may be extended to a warrant officer who has been appointed in the ARNG of a State and found to be qualified by an FRB pending final determination of eligibility and
appointment as a warrant officer of the Army. If not sooner withdrawn or replaced by the granting of permanent Federal Recognition, temporary Federal Recognition will automatically terminate six months after the effective date of State appointment. However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent FRB should be convened to consider the request again and grant another new period of temporary Federal Recognition if warranted.

13. NGR 600-101, paragraph 2-3a states that temporary Federal Recognition may be granted by an FRB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG. The FRB will forward the NGB Form 89 and allied documents to The Adjutant General. When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified.

DISCUSSION AND CONCLUSIONS:

1. Records show that the applicant was granted temporary Federal Recognition effective 31 January 2002 upon his initial appointment in the NYARNG as a WO1. At that time, his Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of New York for endorsement to the National Guard Bureau for extension of permanent Federal Recognition. Through no fault of the applicant, this action was not taken.

2. Subsequently, the applicant's Federal Recognition packet was considered by another NYARNG Federal Recognition Board. Based on the recommendations of that NYARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 27 March 2003.

3. From the foregoing, it is clear that an administrative error denied the applicant Federal Recognition effective 31 January 2002. Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number
95 AR amended to show the effective date of permanent Federal Recognition in the grade of WO1 is 31 January 2002.

BOARD VOTE:

__fne___ __aao___ __rld___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Federal Recognition Order Number 95 AR to show that he was extended Federal Recognition effective 31 January 2002.






                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090522
SUFFIX
RECON
DATE BOARDED	20040302
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	125.0200
2.
3.
4.
5.
6.